c o 
quitted; though the other defendants ate convicted. 
When a feigned iliac is ordered by a court of law, 
whether it be in a civil or criminal proceeding, the cods 
always follow the verdict, arid mud be paid to the party 
obtaining it. But when a feigned iflue is ordered by a 
court of equity, the cods do not follow' the verdict, as a 
matter of courle ; but the finding of the jury is returned 
back to the court which ordered it, and the cods there 
are in the difcretion of tire court. Where the idue is 
ordered by a court of law', on a rule for an information, 
or motion for an attachment, the cods of the original 
rule, or motion, do not in general follow the verdiCt, 
but only the cods of tire feigned ilfue; which cods are 
to be reckoned, from the time when the feigned ilfue 
was fird ordered and agreed to. Yet, where it was or¬ 
dered by the confent rule, that the cods diould abide the 
event of the ilfue, tire court dire&ed the whole cods to 
be paid under it. 2 Burr. 1021. 
Where the plaintiff recovers fingle damages, he is 
only entitled to dngle cods ; unlefs more be exprefsly 
given him by the datute. But if double or treble dama¬ 
ges be given him by datute, in a cafe wherein lingle 
damages were before recoverable, the plaintiff is entitled 
to-double or treble cods, although the datute be blent 
refpeCting them; as in an aCtion upon 2 Hen. IV. c. 11. 
&c. In fome cafes, double and treble cods are exprelf- 
ly given to the plaintiff; as upon the game laws, by 2 
Geo. III. c. 19. And wherever a plaintiff is entitled 
to double or treble cods, the cods given by the court 
de increment!) are to be doubled or trebled, as w'ell as 
tliofe given by the jury. The double or treble cods are 
not to be underdood to mean, according to their literal 
import, twice or thrice the amount of fingle cods. 
Where a datute gives double cods, they are calculated 
thus : 1. The common cods ; and then half the common 
cods. If treble cods, 1. The common cods ; 2. half of 
thefe ; and then half of the latter. 
Double or treble cods are alfo in fome cafes exprefsly 
given io the defendant; as in actions againd parilli officers, 
by 43 Eliz. c. 2. againd juftices of the'peace, condables, 
&c. by 7 Juc. I.c. 5. for didreffes for rents and fervices, 
by 11 Geo. II. c. 19. and againd officers of the excife or 
cuftoms, by 23 Geo. III. c. 70. 24 Geo. III. felf. 2.*c. 47. 
3rf thefe, and fuch like cafes, where it does not appear, 
on the face of the record, that the defendant is entitled 
to the benefit of the a61, as where he pleads tire general 
.ilfue, and there is no particular mode appointed for reco¬ 
very of the cods, the proper mode, after a nonfuit or 
verdi6t for the defendant, is to apply to the court, upon an 
affidavit of the facts, for leave to enter a fuggedion on 
the roll. But where a particular mode is appointed by 
datute, for the recovery of double or treble cods, as by 
the certificate of the judge who tried the caufe, on 7 
Jac. I. c. 5. there that particular mode mud be ob- 
ferved : fo that if the judge certify, there is no need of 
a fuggedion ; and if he do not, it is ufelefs, except where 
judgment goes by default. CaJ'. temp. Hardw. 138. 
Cods are taxed, as between party and party, by the 
mader in the king's-bench, or by one of the prothonota- 
ries in the common pleas, upon a bill made out by the 
attorney for the party entitled ; or frequently, without 
a bill, upon a view of the proceedings : and if there 
have been any extra expences, w hich do not appear on 
the face of the proceedings, there diould be an affidavit 
made of fuch expences, to warrant the allowance of 
them; which is called an affidavit of increafed cods. It 
is ufuai, among fair praCtifers, to give notice to the 
oppofite attorney, of the time when the cods are intended 
to be taxed; but in order to enforce it, there mud be a 
rule to be ; relent at taxing cods ; which rule is obtained 
from the clerk of the rules in the king’s-bench, or one 
of the feconduri.es in the common pleas, and (hould be 
duly ferved ; after which, if the cods are taxed without 
notice, the taxation is irregular, and the attorney liable 
to an attachment. The means of recovering cods, as 
between party and party, are by aCtion or execution, 
S T S. 259 
upon a judgment obtained for them ; or by attachment, 
upon fl rule of court. Thus, in ejeCtment, v here there 
is a verdict and judgment againd the tenant, an action 
may be brought, or execution taken out thereon, for the 
cods. But where the plaintiff’ is nonfuited, for not con- 
feffiog leaf'e entry and ouder, the leffor of the’ plaintiff 
mud proceed by attachment, upon the confent rule. 
And lo where the nominal plaintiff is nonfuited upon 
the merits, or has a verdict and judgment againd him, 
the only remedy is by attachment againd the leffor of 
the plaintiff. 
Befides the ordinary method of proceeding, there are 
certain auxiliary means for the recovery of cods, as be¬ 
tween party and party. Thefe means are by moving to 
day the proceedings, until fecurity be given for the pay¬ 
ment of cods; or until the cods are paid of a former 
aCtion for the fame caufe ; or by deducing the cods of 
one action from thofe of another. As examples of thefe 
means, it may be mentioned, that in ejeClment, (1 Str. 
681.) and actions qui tain, (Barnes 126.) where the plain¬ 
tiff, or his lelT'or, is unknown to the defendant, and in 
cafe the plaintid' is a foreigner redding abroad, (1 Term 
Rep. 267. 362.491.) the defendant may call for an ac¬ 
count of his refidence, or place of abode, from the op- 
podte attorney ; and if he refute to give it, or give in a 
fictitious account of a perfon who cannot be found, the 
court will day the proceedings, until fecurity be given 
for the payment of cods. The practice of deduct¬ 
ing or fetting off the cods in one aCtion againd thofe 
in another, however agreeable to natural juftice, does 
not feem to have obtained till lately in the court of 
king’s-bench. But in the common pleas it has been fre¬ 
quently allowed; and that not only where tire parties 
have been the fame, but alfo where they have been in 
fome meafure different. 2 Black. Rep. 826. Bull.N.P. 336. 
As between attorney ^and client, the former may main¬ 
tain an action againd the latter for the recovery of his 
cods. But by 3 Jac. I. c. 7. attornies and folicitors mud 
deliver a bill to their clients before bringing an aCtion : 
and by 2 Geo. II. c. 23. explained by liGeo. II. c. 13. 
and made perpetual by 30 Geo. II. c. 19. no attorney nor 
folicitor fhall commence any aCtion, till the expiration 
of one month after the delivery of his bill ; which is di¬ 
rected by the aCts to be in a common legible hand, in 
Englifh, except law-terms, and fubferibed with the at¬ 
torney’s hand. The faid datute 2 Geo. II. c. 23. alfo 
direCts tlte mode of taxation of attornies’ bills by the 
officers of the feveral courts; and direCts that if the 
bill taxed be lefs by a fixth part than the bill delivered, 
the attorney fiiall pay the cods of taxation : but if it 
fhall not be lefs, the cods fhall be in the difcretion of 
the court. If the whole bill be for conveyancing, or 
forbufinefs done at the quarter feffions, Sec. it cannot be 
taxed. But where an attorney had delivered two fepa- 
rate bills, one of which was for fees and dilburfements 
in caufes, and the other for making conveyances, a rule 
was made for taxing both. And fo, where it was moved, 
that the mader might be directed to tax thofe articles 
in an attorney’s bill, which related to conveyancing and 
parliamentary bufinefs, the red being for management of 
caufes in the court of king’s-bench, lord Mansfield faid,. 
there was no doubt but tire mader might tax the whole. 
4 Term Rep. 1 24. Say. Cojls 3 20. It is not neceffary for. 
the executor or adminidrator of an attorney, to deliver a 
bill of cods, for bufinefs done by his tedator or intedate, 
before the commencement of an aCtion; the datute 2 
Geo. II. c. 23. being confined to actions brought by the 
attorney himfelf, and not extending to his perfonal re- 
prefentatives. And, in the Court of common pleas, 
they will not differ fuch a bill to be taxed ; Barnes 119. 
but in the court of king’s-bench it is otherwif'e ; 2 Stra. 
1036. for there, the bill may be referred to be taxed, on 
the defendant’s undertaking to pay what is due. 
If an attorney refufe to deliver a bill to his client, the 
latter may compel him, by taking out afuitunons before, 
a judge; and if the attorney, on being ferved thcre- 
„ with,,, 
